4732.16
Investigations.

(A)
The state board of psychology shall investigate
alleged violations of this chapter or the rules adopted under it. Each
investigation shall be assigned by the executive director or designated
investigator to one of the members of the board who shall serve as the
supervising member of the investigation.

As
part of its conduct of investigations, the board may examine witnesses,
administer oaths, and issue subpoenas, except that the board may not compel the
attendance of the respondent in an investigation. A subpoena for patient record
information may be issued only if the supervising member, executive director,
secretary, and an attorney from the office of the attorney general determine
that there is probable cause to believe that the complaint alleges a violation
of this chapter and that the records sought are relevant to the alleged
violation and material to the investigation. No member of the board who
supervises the investigation or approves the issuance of a subpoena for patient
records shall participate in further adjudication of the case. The subpoena may
apply only to records that cover a reasonable period of time surrounding the
alleged violation. On failure of a person to comply with a subpoena issued by
the board and after reasonable notice to that person, the board may move for an
order compelling the production of records or persons pursuant to the Rules of
Civil Procedure.

A
subpoena issued by the board may be served by a sheriff, the sheriff's deputy,
or a board employee designated by the board. Service of a subpoena issued by
the board may be made by delivering a copy of the subpoena to the person named
in the subpoena, reading it to the person, or leaving it at the person's usual
place of residence. When the person being served is a person whose practice is
authorized by this chapter, service of the subpoena may be made by certified
mail, return receipt requested, and the subpoena shall be deemed served on the
date delivery is made or the date the person refuses to accept
delivery.

A
sheriff's deputy who serves a subpoena shall receive the same fees as a
sheriff. Each witness who appears before the board in obedience to a subpoena
shall receive the fees and mileage provided for witnesses under section 119.094
of the Revised Code.

(1)
The board shall conduct all investigations and
proceedings in a manner that protects the confidentiality of patients and
persons who file complaints with the board. The board shall not make public the
names or any other identifying information about patients or complainants
unless proper consent is given or, in the case of a patient, the patient
privilege has been waived by the patient. Information received by the board
pursuant to an investigation is confidential and not subject to discovery in
any civil action.

(2)
The board may share any information it receives
pursuant to an investigation, including patient records and patient record
information, with law enforcement agencies, other licensing boards, and other
government agencies that are prosecuting, adjudicating, or investigating
alleged violations of statutes or administrative rules. An agency or board that
receives the information shall comply with the same requirements regarding
confidentiality as the board must comply with under division (B)(1) of this
section, notwithstanding any conflicting provision of the Revised Code or
procedure of the agency or board that applies when it is dealing with other
information in its possession.

(3)
In a judicial proceeding, any information the board
receives pursuant to an investigation may be admitted into evidence only in
accordance with the Ohio Rules of Evidence, but the court shall require that
appropriate measures be taken to ensure that confidentiality is maintained with
respect to any part of the information that contains names or other identifying
information about patients or complainants whose confidentiality was protected
by the board when the information was in the board's possession. Measures to
ensure confidentiality that may be taken by the court include sealing its
records or deleting specific information from its records.